Yuknavich loses bid to block evidence

A Luzerne County judge has denied efforts by Wilkes-Barre Township Fire Chief John Yuknavich to block evidence obtained from search warrants that led to a second set of theft charges against him.

Luzerne County Judge Michael Vough on Wednesday ruled the search warrants and information yielded from them can be used at Yuknavich's trial.

After obtaining the search warrants for bank accounts controlled by Yuknavich, prosecutors charged him with diverting more than $48,000 in department funds for his own use.

Vough determined state police had probable cause to serve the search warrants, which he said were lawfully obtained and executed.

Yuknavich's attorney Barry Dyller argued that three of the four search warrants obtained from Magisterial District Judge Martin Kane did not include an expiration date of when the warrant had to be served by.

Prosecutors previously argued that all the warrants were obtained and served on April 25, 2013.

Failure to include an expiration date was "at most a technical violation" and not enough to invalidate the warrants, the judge said.

State police said they learned about the $48,000 in missing funds while preparing to try Yuknavich in court on another set of theft charges.

In February 2013, a jury had already been selected to hear Yuknavich's first case on allegations he wrote himself $11,865 in fire department checks and spent $3,706 on the fire company's Sam's Club credit card. The trial was halted after a prosecutor demanded a judge's recusal and that same judge held the prosecutor in contempt of court.

The first trial remains on hold as prosecutors have appealed a ruling that prohibited evidence.

bkalinowski@citizensvoice.com

570-821-2055 @cvbobkal

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